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1995 Supreme(Gau) 67

J.N.SARMA
Prasanta Kumar Bose – Appellant
Versus
Md Nuruddin – Respondent


Advocates Appeared:
T.Islam, K.A.Majumdar, H.R.A.Choudhary, C.K.Sharma Barua, B.K.Goswami, A.Begum

This civil revision arises out of judgment and decree dated 8.3.94 passed by the Assistant District Judge No. 1, Cachar, Silchar in TA No.44 of 1991 dismissing the appeal and affirming the judgment and decree dated 23.7.93 passed by the Munsiff No.3 Silchar in TS No. 132 of 1990 decreeing the plaintiff's suit for eviction of the defendant.

2. The opposite party as plaintiff instituted TS No. 132 of 1990 for eviction of the defendant from a house situated within Silchar Municipality on two ground : (1) on the ground of default; (2) that the house was required by the plaintiff i.e. on the ground of bonafide requirement. Both the Courts below found that the defendant was not a defaulter. So, the only ground which now survive for consideration is the ground of bonafide requirement. Another point which was raised in the written statement by the defendant is as follows :

"That the suit is bad for non-joinder of necessary parties. The plaintiff alone has no locus standi to file this suit. AH the heirs of late Ismail Mia, Ibrahim Mia and brother and sister of the plaintiff are necessary parties in this suit. In the absence of whom the plaintiff is not entitled to get any relief. All the heir


















































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